Earnest Money Receipt Template
A free earnest money receipt template that documents who received the buyer deposit, how much it was, what form it came in, and the conditions for refunding or forfeiting it. Download it in PDF or Word and fill in the bracketed fields.
Last updated: August 5, 2026
What Is a Earnest Money Receipt?
An earnest money receipt is the short written acknowledgment that a deposit tied to a real estate purchase has actually been received and by whom. When a buyer signs a purchase agreement, the good-faith deposit rarely goes to the seller directly. It normally goes to a neutral holder such as a title company, an escrow agent, a closing attorney, or a licensed broker who is required to keep client funds in a separate trust account. The receipt records the amount, the date the funds were received, the form of payment, the property involved, and the purchase agreement the deposit relates to, so nobody has to reconstruct those facts from memory or from a bank statement weeks later.
The document matters most when the transaction stops going smoothly. Earnest money is the buyer commitment that a seller relies on when taking a property off the market, and it is also the largest sum a buyer has at risk before closing. A signed receipt states plainly that the deposit will be credited toward the purchase price at closing, lists the circumstances in which it must be returned or forfeited, and confirms that the holder will not release a dollar without written instructions signed by both parties or a court order. That last point is the single most useful line in the whole document, because it stops either side from quietly pulling the funds during a dispute and forces the disagreement into a process that has rules.
When to Use This Template
- ✓A buyer is delivering a good-faith deposit under a signed residential or commercial purchase agreement
- ✓A title company, escrow agent, closing attorney, or broker is taking custody of buyer funds
- ✓A seller is holding the deposit directly and both sides want the terms in writing
- ✓The deposit is being paid by wire, certified funds, or personal check and the receipt date needs to be documented
- ✓An existing purchase agreement calls for a written acknowledgment of the deposit within a set number of days
- ✓A prior deposit is being increased, replaced, or released from a contingency and the change needs a paper trail
Received a contract like this to sign?
Don't guess what's in it. ScanContract's AI flags risky clauses in 60 seconds.
Analyze My Contract FreeTemplate Preview
Full text of the template. Fields in [BRACKETS] are placeholders you fill in.
Earnest Money Receipt
1. 1. Parties and Property
This Earnest Money Receipt (the "Receipt") is issued on [DATE OF RECEIPT] and concerns the real property commonly known as [PROPERTY ADDRESS], [CITY], [STATE] [ZIP CODE], further identified as [LEGAL DESCRIPTION OR PARCEL / APN NUMBER] (the "Property"). The buyer delivering the deposit is [BUYER NAME(S)], of [BUYER ADDRESS] (the "Buyer"). The seller of the Property is [SELLER NAME(S)], of [SELLER ADDRESS] (the "Seller"). The party acknowledging receipt of the funds is [HOLDER NAME], a [TITLE COMPANY / ESCROW AGENT / LICENSED REAL ESTATE BROKERAGE / CLOSING ATTORNEY / SELLER], of [HOLDER ADDRESS], acting in the capacity described in Section 4 (the "Holder"). Notices under this Receipt may be sent to [BUYER EMAIL], [SELLER EMAIL], and [HOLDER EMAIL], and to the mailing addresses above.
2. 2. Acknowledgment of Earnest Money Received
The Holder acknowledges receiving from the Buyer the sum of [DEPOSIT AMOUNT IN WORDS] dollars ($[DEPOSIT AMOUNT IN FIGURES]) as earnest money (the "Deposit"). The Deposit was received on [DATE FUNDS RECEIVED] in the following form: [PERSONAL CHECK NO. ____ / CASHIER'S CHECK NO. ____ / CERTIFIED FUNDS / WIRE TRANSFER REFERENCE ____ / OTHER]. If the Deposit was delivered by check, this Receipt acknowledges delivery of the instrument only, and the Deposit is not considered received until the check has cleared and the funds are collected and available. If the check is returned unpaid for any reason, the Buyer will be in default under the Purchase Agreement unless replacement funds in the form of [REPLACEMENT FUNDS FORM] are delivered within [NUMBER OF DAYS] days after written notice. Any additional deposit required under the Purchase Agreement is due on [ADDITIONAL DEPOSIT DATE] in the amount of $[ADDITIONAL DEPOSIT AMOUNT] and will be acknowledged by a separate written receipt.
3. 3. Purchase Agreement to Which the Deposit Relates
The Deposit is delivered under the Real Estate Purchase Agreement between the Buyer and the Seller dated [PURCHASE AGREEMENT DATE] for the Property, together with all addenda, counteroffers, and amendments to it (the "Purchase Agreement"). The stated purchase price under the Purchase Agreement is $[PURCHASE PRICE], and the scheduled closing date is [CLOSING DATE]. This Receipt does not amend, replace, expand, or limit the Purchase Agreement in any way. If any term of this Receipt conflicts with a term of the Purchase Agreement, the Purchase Agreement controls, except with respect to the mechanics of holding and releasing the funds described in Sections 4 through 8, which the Buyer and the Seller adopt for the benefit of the Holder. A copy of the fully signed Purchase Agreement will be delivered to the Holder within [NUMBER OF DAYS] days of the date of this Receipt.
4. 4. Capacity of the Holder, Handling of Funds, and Interest
The Holder receives and holds the Deposit as a neutral stakeholder for the benefit of both the Buyer and the Seller, and not as the agent or advocate of either one, except that a Holder who is also a licensed real estate broker representing a party in the transaction continues in that agency role for all purposes other than the custody of the Deposit. The Holder will place the Deposit into a [SEPARATE ESCROW ACCOUNT / BROKER TRUST ACCOUNT / ATTORNEY CLIENT TRUST ACCOUNT] maintained at [FINANCIAL INSTITUTION NAME] and will not commingle the Deposit with its own operating funds. The Holder will deposit the funds within the time required by applicable state law and by any rules governing its license, and will maintain records of the Deposit available to the Buyer and the Seller on reasonable request. As to interest, the parties select one of the following: (a) the Deposit will be held in a non-interest-bearing account and no party will be entitled to interest on it; or (b) the Deposit will be held in an interest-bearing account and all interest earned will be credited to [BUYER / SELLER / THE PARTY ULTIMATELY ENTITLED TO THE DEPOSIT] at the time of disbursement, with the party receiving interest supplying a taxpayer identification number before disbursement. The selection made is: [SELECTED OPTION], and any bank charges, wire fees, or account maintenance costs will be paid by [BUYER / SELLER / DEDUCTED FROM INTEREST EARNED]. The Holder is responsible only for ordinary care in holding and disbursing the funds, makes no representation about any rate of return, and is not responsible for the sufficiency, validity, or enforceability of the Purchase Agreement, for the condition or title of the Property, or for the performance of either party.
5. 5. Credit of the Deposit at Closing
If the transaction closes as contemplated by the Purchase Agreement, the Deposit will be applied in full as a credit to the Buyer against the purchase price, the Buyer down payment, or the Buyer closing costs, as directed on the settlement statement signed by the parties at closing. The Holder will disburse the Deposit to the closing or settlement agent identified as [CLOSING AGENT NAME] on or before the closing date, or will apply the funds directly if the Holder is also the closing agent. Nothing in this Receipt entitles the Seller to receive the Deposit before closing, and nothing entitles the Buyer to withdraw it before closing, except as provided in Sections 6 and 7. If the closing is rescheduled by written agreement of the Buyer and the Seller, the Deposit remains with the Holder on the same terms until the rescheduled closing occurs or the Purchase Agreement terminates.
6. 6. Refund and Forfeiture of the Deposit
The Deposit is refundable to the Buyer if the Purchase Agreement is properly terminated by the Buyer within a contingency period or in accordance with a contingency that has not been satisfied or waived, including without limitation the [INSPECTION / FINANCING / APPRAISAL / TITLE / SALE OF EXISTING HOME] contingencies, and if the Buyer gives the written notice required by the Purchase Agreement within the applicable deadline. The Deposit is also refundable if the Seller defaults, if the Seller cannot convey marketable title as required, or if the Purchase Agreement is terminated by mutual written agreement of the parties. The Deposit may be forfeited to the Seller, in whole or in part, if the Buyer defaults under the Purchase Agreement after all contingencies have expired or been waived, to the extent permitted by the Purchase Agreement and by applicable law. Nothing in this Receipt determines which party is entitled to the Deposit in any particular circumstance; that determination is governed by the Purchase Agreement, by applicable state law, and, if disputed, by the process in Section 8.
7. 7. Release of Funds Requires Written Instructions
The Holder will not release, disburse, transfer, offset, or apply any portion of the Deposit except on (a) closing of the transaction in accordance with Section 5, (b) written release instructions signed by both the Buyer and the Seller specifying the amount and the payee, or (c) a final order, judgment, or written direction from a court of competent jurisdiction or from an arbitrator with authority over the dispute. A demand from only one party, however urgent or however well documented, is not sufficient authority to release funds. On receiving a one-sided demand, the Holder will promptly send a copy of that demand to the other party at the notice address in Section 1 and will take no action for at least [NUMBER OF DAYS] days to allow the other party to respond in writing. The Buyer and the Seller each agree to sign reasonable release instructions promptly once entitlement to the Deposit is no longer genuinely in dispute.
8. 8. Disputes, Interpleader, and Holder Protection
If the Buyer and the Seller give conflicting instructions, or if the Holder receives a demand it reasonably believes is contested, the Holder may (a) continue to hold the Deposit until the parties deliver joint written instructions or a court order, or (b) deposit the funds with the clerk of a court of competent jurisdiction in [VENUE COUNTY AND STATE] by way of interpleader, name the Buyer and the Seller as claimants, and be discharged from further responsibility for the funds. The Holder may deduct from the Deposit its reasonable costs and attorney fees incurred in bringing an interpleader action, to the extent permitted by applicable law. The Buyer and the Seller jointly and severally release and indemnify the Holder from any claim arising out of the good-faith performance of its duties under this Receipt, other than a claim arising from the gross negligence or willful misconduct of the Holder. The prevailing party in any dispute over entitlement to the Deposit may recover reasonable attorney fees and costs from the other party to the extent allowed by applicable law and by the Purchase Agreement.
9. 9. Signatures
By signing below, the Holder acknowledges receipt of the Deposit described in Section 2, and the Buyer and the Seller acknowledge and agree to the handling, release, and dispute provisions of this Receipt. HOLDER: [HOLDER NAME]. Signature: ______________________. Printed Name: [HOLDER SIGNER NAME]. Title / License No.: [TITLE AND LICENSE NUMBER, IF APPLICABLE]. Date: [DATE]. BUYER: [BUYER NAME]. Signature: ______________________. Printed Name: [BUYER SIGNER NAME]. Date: [DATE]. SELLER: [SELLER NAME]. Signature: ______________________. Printed Name: [SELLER SIGNER NAME]. Date: [DATE]. This Receipt may be signed in counterparts, and electronic or scanned signatures have the same effect as original signatures. A copy of the executed Receipt will be delivered to each party and retained in the transaction file.
10. Disclaimer
This template is provided for general informational purposes only and is not legal advice. Real estate practice is governed by state law, and the rules on escrow and trust accounts, deposit timelines, permitted deductions, forfeiture, liquidated damages, and interpleader vary significantly from one state to the next. Licensed brokers and attorneys holding client funds are also subject to specific licensing and trust-account regulations that this document does not attempt to summarize. Review and adapt this receipt for your own transaction and jurisdiction, and consult a licensed real estate attorney, title company, or broker before relying on it. Use of this template does not create an attorney-client relationship with ScanContract.
Key Clauses Explained
What each important clause does — and what to watch out for before you sign.
Identity and Capacity of the Holder
Names who is actually holding the money and in what role — escrow agent, title company, broker trust account, attorney, or the seller.
Buyers should be very cautious about any arrangement where the seller holds the deposit personally, because recovering it from an unwilling seller is far harder than recovering it from a neutral escrow. Sellers should confirm the holder is licensed or bonded and actually maintains a separate trust account, since a deposit sitting in someone's operating account is a deposit that can disappear.
Amount, Form, and Date of Payment
Records exactly how much was delivered, in what form, and on what date the funds were received.
Buyers should insist that the receipt records the actual date of delivery, because contract deadlines and default claims often turn on it. Sellers should note that a receipt for a personal check acknowledges the instrument, not cleared funds, and should require certified funds or a wire when the deposit is large or the buyer is unknown to them.
Link to the Purchase Agreement
Ties the deposit to a specific purchase agreement, property, and purchase price so there is no ambiguity about which deal the funds belong to.
Buyers should make sure the receipt references the fully signed agreement including all addenda, since a deposit tied to a superseded draft invites argument later. Sellers should verify the property description and price match the executed contract, especially when a buyer is under contract on more than one property at the same time.
Credit at Closing
Confirms that the deposit is applied against the purchase price or closing costs when the sale closes rather than being an extra charge.
Buyers should confirm the credit appears on the settlement statement and reconcile it before signing at the closing table, because a deposit that is never credited is a real and recurring error. Sellers should understand the deposit reduces the cash the buyer brings to closing and does not increase the total they receive, so it is not additional consideration.
Refund and Forfeiture Conditions
States when the money goes back to the buyer and when it may be forfeited to the seller.
Buyers should confirm that every contingency they are relying on is listed and that they know the exact notice deadline for each one, since a late notice can convert a refundable deposit into a forfeited one. Sellers should be aware that forfeiture is not automatic in most states and that a deposit far above actual damages may be challenged as an unenforceable penalty.
Release Only on Joint Written Instructions or Court Order
Prevents the holder from paying out to either side without both signatures or a court order.
This clause protects both parties equally and is the one buyers most often skip. Buyers should never accept a receipt that lets the seller demand release unilaterally. Sellers should likewise reject language allowing the buyer to pull funds on notice alone, and both should note the practical consequence: if the other side simply refuses to sign a release, the money stays frozen until a court or a settlement moves it.
Interest Treatment
Says whether the deposit earns interest and who receives it when the funds are disbursed.
Buyers with a large deposit and a long escrow should ask for an interest-bearing account and for the interest to follow the deposit. Sellers should check who absorbs bank and wire fees, because those can quietly exceed the interest earned on a short escrow. Both sides should confirm that whoever receives interest supplies a taxpayer identification number so disbursement is not delayed.
Interpleader and Holder Indemnity
Gives the holder a way to deposit contested funds with a court and be released from further responsibility.
Buyers and sellers should both notice that interpleader costs and attorney fees can be deducted from the deposit itself, so a fight over a modest deposit can consume much of it. Buyers should read the indemnity carefully before signing, and sellers should recognize that a holder invoking interpleader will stop responding to demands from either side once the funds are with the court.
Frequently Asked Questions
How much earnest money is normally required?▾
Who should hold the earnest money deposit?▾
Can the buyer get the earnest money back?▾
What happens if the buyer and seller both claim the deposit?▾
Is an earnest money receipt the same as the purchase agreement?▾
Related Templates
Real Estate Purchase Agreement
A free real estate purchase agreement template covering the price, the deposit, the contingencies that let a buyer walk away, and everything that has to happen before closing. Download it in PDF or Word, fill in the bracketed fields, and sign.
Free download — PDF & Word →Home Inspection Contingency Addendum
A free home inspection contingency addendum that attaches to a signed purchase agreement and sets the inspection period, the repair request process, and the buyer right to walk away with the earnest money. Download it in PDF or Word and fill in the bracketed fields.
Free download — PDF & Word →Land Purchase Agreement
A free land purchase agreement template for vacant lots and acreage, built around the due diligence that raw land actually requires: survey, zoning, perc test, legal access, utilities, and mineral rights. Download in PDF or Word and fill in the bracketed fields.
Free download — PDF & Word →Downloaded a template? Analyze the final contract.
Before you sign, let ScanContract's AI check for risky clauses and missing protections.
Scan My Contract